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Paragraph 18.3 Applications for orders under section 1 of the Administration of Justice (Scotland) Act 1972

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

(1)

An application by a party for an order under section 1 of the Administration of Justice (Scotland) Act 1972f1, must be made by incidental application in writing.

(2)

At the time of lodging an incidental application under paragraph (1), a specification of–

(a)

the document or other property sought to be inspected, photographed, preserved, taken into custody, detained, produced, recovered, sampled or experimented with or upon, as the case may be; or

(b)

the matter in respect of which information is sought as to the identity of a person who might be a witness or a defender,

must be lodged in process.

(3)

A copy of the specification lodged under paragraph (2) and the incidental application made under paragraph (1) must be intimated by the applicant to–

(a)

every other party;

(b)

any third party haver; and

(c)

where necessary, the Advocate General for Scotland or the Lord Advocate (and if there is any doubt, both).

(4)

If the sheriff grants an incidental application under paragraph (1) in whole or in part, he may order the applicant to find such caution or give such other security as he thinks fit.

(5)

The Advocate General for Scotland and the Lord Advocate may appear at the hearing of any incidental application under paragraph (1).

Annotations

Footnotes

f1

1972 c. 59. Section 1 was amended by the Law Reform (Miscellaneous Provisions) (Scotland) Act 1985 (c. 73), section 19.